- 17 - of the Court and “petitioner chose to forego such opportunities [to move the Court to reopen the record before decision was entered in the 1989 case], and should not be allowed to set aside her decision well after the fact”; (2) although section 6015 as enacted by the 1998 Act provided for administrative remedies, “nothing in section 6015 indicates that this was intended to be the sole means to raise section 6015”; (3) res judicata effects cannot be avoided “simply because a section 6015 claim was not economically worth her while prior to the Commissioner promulgating his proposed regulations under the allocation rules”; and (4) petitioner’s interpretation of the 2-year election rule would make section 6015(g)(2) into “irrational surplusage”, because under that interpretation the res judicata rule could always be avoided. The parties dispute the significance of our opinions in Noons v. Commissioner, T.C. Memo. 2004-243, and Butler v. Commissioner, 114 T.C. 276 (2000). Petitioner states: “this court may wish to consider whether Noons (like Butler) is correctly decided.” We agree with respondent’s conclusion that petitioner is not entitled to summary judgment as a matter of law. V. Conclusions The Congress chose to provide a statutory rule as to res judicata in section 6015(e)(3)(B) (under the 1998 Act) and thenPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007